Cohocton Wind Watch

Cohocton Wind Watch is a community citizen organization dedicated to preserve the public safety, property values, economic viability, environmental integrity and quality of life in Cohocton, NY and in surrounding townships. Neighbors committed to public service in order to achieve a reasonable vision for a Finger Lakes region worthy of future generations.

Wednesday, August 31, 2011

ALLEGANY — Four years of community protest against a wind turbine farm in the Chipmonk and Knapp Creek areas were overlooked Monday when the Allegany Town Board voted 4 to 1 in favor of allowing the project to proceed.

Votes in favor of the wind overlay district, which allows the 29-wind turbine farm to be constructed by EverPower Wind Holdings Inc., were cast by Town Supervisor Patrick Eaton and town board members John Hare, Hans Sendlakowski and Ray Jonak. The lone vote against the project came from board member Jim Hitchcock. Several people applauded and thanked Mr. Hitchcock after he cast his vote.

The vote came after an hour-long rally attended by hundreds of protesters in front of the Allegany Senior Center. They held signs such as “RIP Allegany, 5 in a Room to Decide Her Fate,” and “Mr. Eaton, Too Bad You Won’t Be On The Town Board To Spend This Blood Money Come November.” They also chanted “vote no” and listened to a song about wind turbines by Barbara Dyskant. The group heard from town of Howard residents Donna Marmuscak and Jerry Hedman who said a 29-wind turbine farm is currently being constructed by EverPower in their community. Ms. Marmuscak said her community also fought against the project to no avail.

After the vote, rally organizer, Kathy Boser, said they had expected this outcome because the “writing was on the wall.”

A proposal to build an offshore wind farm at the Rockaways in Queens is mired by delays and is now on the back burner. NY1's Courtney Gross filed the following exclusive report.

Fifteen miles off the coast in the Rockaways in Queens, state and city officials once planned to dot the skyline with wind turbines.

First announced in 2008 and endorsed by Mayor Michael Bloomberg, the massive offshore wind farm was set to start spinning by 2015. Currently, it is sputtering.

Jonathan Foster, the vice chairman of the New York Power Authority, whose chief executive officer just resigned, said the project is not at the top of the agency's priority list.

"At this point, with our leadership somewhat in flux and having also announced two other major projects, the Hudson Transmission Project and also Recharge New York, we've got a full plate," said Foster.

It has been more than a year since the Power Authority got approval to apply for a federal lease on the ocean floor, but they have yet to apply.

The authority also just withdrew a key application with the state's independent power operator.

A spokesperson could not give a timeline for the project and called the application premature, and said environmental and economic studies are ongoing.

Large-scale offshore wind projects have had trouble gaining traction in the United States. Advocates say it has mostly to do with economics and a lack of enthusiasm for wind power.

"It's more expensive, yes, because it hasn't been tried," said Kit Kennedy of the Natural Resources Defense Council. "But again, you need to put these projects in. You need to get the experience and then the cost comes down."

An economic analysis found it would cost between $2.3 billion and $4.7 billion. The initial plan envisioned an offshore farm between 350 MW, or 97 turbines, and 750 MW, or 194 turbines.

Rockaways officials are still trying to get the project back on course.

"I am going to be communicating with the new head of the Power Authority, when we get a clear understanding of who that is, and try to push this idea," said Queens Senator Malcolm Smith. "This is not just for the Rockaways. This is for something that is going to impact the entire city and the entire state."

In your 8/25/11 response to Jim Hall of the CPA Group, you wrote "First and foremost, we must remove ourselves from dependence on foreign oil. This is not only an economic issue but a national security concern as well. In the short term we must develop sources of domestic energy to assist in removing the necessity of foreign oil." Surely you realize that because of the irratic nature of wind as an energy source, particular in NYS's southern tier, state and federal law requires that anytime a wind source is brought on line, a conventional coal or oil powered power generation facility must be spooled up and remain on standby to take up the inevitable slack when the wind source throughput vacilates. That means that wind farms do not, in any way, limit our dependence on foreign oil - in fact, the opposite becomes true with a 2X factor. Of course, because the wind in our area is only strong at night in the winter, the Cohocton site is seldom, if ever, on line. Ask the leaseholders who aren't being paid because the turbines do not run enough to meet the lease minimum for payment. In Steuben County, and most other areas, the only thing green about wind projects are the accelerated investment tax credits paid to the wind farm developers by the federal government. It's clear that you've never taken a tour of the Cohocton wind farm and spoken first hand to the people who have 400+ foot wind turbines a few feet from their homes. BTW, let Jim Hall or a local resident conduct/accompany your visit, not just the wind developer. Thanks for your time and attention. PS: Stop by my place sometime. You can see all 42 of the turbines from a single location.
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If Allegany Town Board members cast votes on Monday that allow a 29-wind turbine farm to be built in the hills of Knapp Creek and Chipmonk, officials in the neighboring town of Carrollton will have to decide on a road-use agreement for the transport of materials.

The historic vote, which has the potential to change the face of the area landscape, will take place at the 7 p.m. meeting Monday at the Allegany Senior Center on Birch Run Road. The town board will vote on the wind overlay district for the proposed wind farm. If the board votes “yes” on the proposal, the wind farm project will be approved.

Sunday, August 28, 2011

The Orleans Town Council is weighing zoning law amendments that will make its rules for wind turbine placement among the most restrictive in the region.

The town of Henderson banned all wind energy towers in November. Orleans would still allow commercial and residential turbines, but the noise and setback rules would make placing turbines in the town very difficult. A public hearing continued from Aug. 11 will be reconvened at 8 p.m. Sept. 8 at the town offices, 20558 Sunrise Ave. Copies of the law are available at the town office.

The law was written and reviewed by the Planning Board after the town’s Wind Committee made zoning recommendations in October 2009 and a Wind Economics Committee made further recommendations in May 2010.

“The Planning Board wrote it, which basically went with what the committee members had suggested — it’s very strict,” town Supervisor Donna J. Chatterton said. “Pretty much, it’s a stop to having any, but they can change it.”

Friday, August 26, 2011

Wind farm worker killed inside Iowa wind turbine

A NextEra wind-turbine maintenance worker has been killed while working on a project in Iowa.

According to a statement released by the local sheriffs office, the worker fell while inside the tower of the Clipper Windpower 2.5MW Liberty turbine located at the Endeavor wind centre. Reports say he fell over 60 feet.

The reasons behind the accident are unknown and are still being investigated.
It is unknown whether the turbine was fitted with a lift. According to Clipper's latest marketing material, the Liberty turbine comes with a two-person service lift (see below).

Lifts are not mandatory. However, some manufacturers such as RES are looking at retrofitting them. Their use reduces wear and tear on joints from climbing up ladders, as well as fatigue, so mistakes are less likely.

According to Windpower Monthly’s special report on Health and Safety, serious accidents while working on or installing turbines is on the decline.

In the US, seven people were killed in the wind industry between 1981-85, making up 7.27 per GW of installed capacity.

There were the same number of fatalities between 2006-10 but the ratio per GW declined to 0.12.

Thursday, August 25, 2011

Congress Tom Reed Letter to James Hall

August 25, 2011

James Hall
PO Box 638
Naples, NY 14512-0638

Dear James Hall,

Thank you for taking the time to contact my office. This dialogue is very important to me as your representative.

I support an "all of the above" approach to reforming our nation's energy policy. First and foremost, we must remove ourselves from dependence on foreign oil. This is not only an economic issue but a national security concern as well. In the short term we must develop sources of domestic energy to assist in removing the necessity of foreign oil.

In reference to the construction and use of wind turbines, there has been much debate in New York State and in our region about the use, construction and viability of wind as power. While you see the continued construction of wind turbines along Interstate Route 390, there has been opposition to the construction of similar turbines along Lake Ontario and along Interstate Route 90. The opposition to these sources of power has been visual as well as functional. I will continue to support an "all of the above" appoach as the 112th Congress works to remove the United States from dependence on foreign oil.

Please feel free to visit my website, www.house.gov/reed, where you may find additional information on important issues. You may also sign up for my E-newsletter to receive regular updates on what my office is doing in both the 29th Congressional District and Washington D.C. In addition I encourage you to “Like” me at http://www.facebook.com/RepTomReed or follow me on Twitter at http://twitter.com/#!/RepTomReed where we can continue our conversation.

I welcome the opportunity to communicate with you; please do not hesitate to contact my office if I can ever be of any assistance.

Tuesday, August 23, 2011

Clipper Windpower has dismissed 90 workers with most of them at its only wind turbine manufacturing plant in Cedar Rapids, Iowa, citing order deferrals from customers experiencing problems arranging project financing amid a sluggish US economy.

It was not immediately clear how many employees will remain at the plant, which began production of Clipper’s flagship 2.5MW Liberty turbine in 2005. The 18,580 sq meter facility has capacity of 350 units a year.

Since industrial conglomerate United Technologies Corporation completed its acquisition of Clipper in December, the company has not announced major orders. Officials at Pratt & Whitney Power Systems, the UTC subsidiary that now oversees Clipper, were not immediately available for comment on current plant operations.

Pratt has been conducting a full review of Clipper’s operations and cost structure, and says it remains committed to the vendor’s onshore wind turbine business. Clipper has put on hold plans to develop its massive 10MW Britannia offshore wind turbine in the UK.

Clipper’s position has diminished in the past several years in the US, its main market, as larger competitors such as General Electric, Vestas and Siemens establish dominance. A second-tier of turbine vendors led by Gamesa, Suzlon and Mitsubishi have also been squeezed, but retain healthy global operations and can afford to wait for the American economy and energy demand to rebound.

Clipper also faces heightened competition from Chinese turbine manufacturers who are starting to gain a foothold in the US. Some of them are willing to finance projects and turbine sales at low cost themselves, something that was difficult, if not impossible, for cash-strapped Clipper before it was acquired by UTC. Pratt has not apparently decided on a sales strategy for Clipper.

The vendor and its bigger rivals have been hurt as well by inconsistent US renewable energy and transmission modernization policies, complicating and slowing efforts by developers to undertake major wind projects. Low natural gas prices have also undercut competitiveness of wind in some regions.

Still on the drawing board is the Titan wind farm in South Dakota involving as many as 2,020 turbines, a Clipper joint venture with BP, its main customer. Oil tycoon T. Boone Pickens and Shell have also shelved large-scale wind farms unrelated to Clipper in Texas.

Clipper’s limited product range may also have hurt its market position. While the average size of installed turbine has been trending up in the US – it reached 1.77MW in 2010 according to the American Wind Energy Association – it remains far below the Clipper offering.

Monday, August 22, 2011

UK: UTC-owned Clipper Windpower has halted plans to build the 10MW Britannia turbine at the factory it launched last year in the north-east of England.

The turbine was to be based on Clipper's 2.5MW Liberty turbine and would have been targeted at the UK's Round 3 offshore plan. A prototype was set to be installed next year.

In a statement, Pratt and Whitney Power Systems, which has run Clipper since last year's takeover by UTC, said the project was on hold. There has been no confirmation of its plans for the UK factory, which was backed by the UK government and opened by the then-Prime Minister Gordon Brown.

According to insiders close to the project, UTC was unhappy with both the Britannia's design and its rate of progress.

The Britannia project was headed by Clipper Marine manager-director and former British Wind Energy Association chairman David Still.

Speaking to Windpower Monthly in April last year, shortly after the project was launched, Still said there was the gap in the market for a 10MW turbine.

Still said bigger turbines made more sense in terms of economics. He added: "I've been involved in wind power since the first turbines were built in the UK. Yes, there are large machines out there such as 6MW etc, but that doesn't mean they're necessarily the most cost-effective solution [in terms of running and maintenance]. Offshore needs a 10MW turbine."

Last week, the company announced it was making 75 staff redundant across US business.

Prattsburgh, NY — The moratorium on wind farm construction in the Town of Prattsburgh will continue for another six months.

The town board approved the extension at this week’s meeting by a 3-1 vote.

Prattsburgh Town Supervisor Al Wordingham said the extension will allow the town’s comprehensive plan to be completed.

There was little public opposition during the public hearing on the moratorium extension, first enacted in March 2010.

Resident Leonard McConnell asked if continuing the moratorium would lead to a lawsuit by wind developer Ecogen.

“I don’t know,” Wordingham said. “It hasn’t so far.”

Wordingham, along with fellow board members Anneke Radin-Snaith and Chuck Shick, voted for the extension. Stacey Bottoni voted against it, while Steve Kula was absent.

The future of wind development in the town remains up in the air.

Earlier this year, after a long legal battle with Ecogen, Prattsburgh town board members approved a road use agreement.

The agreement effectively allowed the developer to go ahead with its plans to put up 16 turbines in the town, with a state Supreme Court justice giving Ecogen a limited amount of time to prove it had vested interest.

However, since then the state Legislature has reenacted Article X, which sets up a seven-member panel to decide where small 25-megawatt wind farms may be built.

Article X does not affect existing projects, such as Ecogen’s, but does allow developers to resubmit applications and go through the permit process.

The wind industry in Steuben County, once thought to be booming, has hit a number of roadblocks.

Of the six wind farms proposed in the county 10 years ago, one is operating in the Town of Cohocton and another in the Town of Howard is under construction.

Supporters say the turbines are a source of renewable energy and bring needed revenues to the town.

But opponents said the turbines threaten the health and welfare of people and the environment. That tension between both sides has been a factor in delaying projects, with legal wrangles in several communities.

In the towns of Caton and Hartsville, wind developers bowed out as local opposition mounted and competition for state subsidies escalated. In Prattsburgh, a second developer, First Wind, pulled out two years ago, citing the poor national economy.

There are questions about wind-generated energy on the national front, too.

The Huffington Post recently reported additional output from existing and new turbines has increased by very little during the past three years.

On Aug. 12, the news agency reported the wind industry’s lackluster performance is due to local opposition, serious questions about turbine noise, declining support for governmental subsidies, and the drop in natural gas prices.

DATELINE: SOMERSET, NY – Americans for Prosperity joined forces today with several upstate New York elected leaders to sound the alarm bell over the job-killing Regional Greenhouse Gas Initiative (RGGI) Cap & Trade scheme and other destructive “green” regulations that are threatening the viability of the area’s electricity-producing coal plants and risking thousands of jobs in the region.

A group including Somerset Councilman Daniel Engert, Niagara County Legislator John Syracuse, Assemblyman Steve Hawley (R-139), State Senator George Maziarz (R-62), AFP-New Jersey state director Steve Lonegan and AFP-New York grassroots chair Lisa Thrun assembled today at a press conference at Somerset Town Hall along with a number of AFP activists and Cap & Trade opponents. The group called on Governor Cuomo and state lawmakers to put an end to the RGGI Cap & Trade tax and roll back regulatory mandates which are pushing the area’s seventeen power plants to the brink. Upstate New York’s seventeen power plants represent a workforce of several thousand area residents.

In Somerset, NY, the site of today’s press conference, the AES Somerset plant was forced to suspend operations in November of 2010 as a direct consequence of economic pressures brought about by the RGGI Cap & Trade program and other regulatory mandates. AES Somerset employs 150 upstate New York residents and represents the county’s largest taxpayer.

Recently, the town of Somerset, led by Councilman Daniel Engert passed a resolution calling on Governor Cuomo to reevaluate the environmental policies which are hurting the region.

“The effects of [the Regional Greenhouse Gas Initiative] and other policies are hurting businesses, jobs and communities throughout New York State and arguably none greater than right here in the western end in Niagara County,” said Engert.

“It is our hope that a movement will begin right here that will result in a concerted focus to be placed upon new and innovative strategies which balance the noble goal of preserving and protecting the environment while supporting our existing businesses and jobs so that our local economy can endure.”

Echoing Councilman Engert’s comments, Assemblyman Steve Hawley (R-139) pointed out that RGGI will heap ten million dollars worth of fees on AES, adding, “...AES and 16 other coal plants are fighting for survival because of the Regional Greenhouse Gas Initiative Cap & Trade regulations which are eroding the ability of companies to provide affordable energy and to preserve the job opportunities our communities rely on.”

State Senator George Maziarz (R-62) added that “RGGI was just one of many [mandates] that make New York State unfriendly for businesses here, to open here, to operate here, to employ people.”

The senator also expressed disapproval regarding New York’s participation in RGGI, saying, “It was disappointing that RGGI was implemented in the State of New York without legislative approval. It was done by executive fiat of the former governor.”

AFP-New Jersey state director Steve Lonegan blasted the RGGI Cap & Trade program, calling it “the worst, most devious and most deceptive of all the government policies I have ever seen.”

Lonegan also called attention to the fact that New York State’s participation in the RGGI Cap & Trade program came about without the authorization of the Legislature, in effecting imposing “taxation without representation” and an “unconstitutional tax” on the state’s residents.

New York’s unlawful participation in RGGI is now the subject of a legal challenge brought forth by Smith Valliere PLLC on behalf of a number of New York citizens. (Click here to read more regarding this pending litigation.)

Lonegan also warned that “one of [RGGI’s] singular intents is to eliminate coal power as a source of electricity” which would have “devastating consequences” for Niagara County. He called upon members of the New York State Legislature to work to overturn the state’s participation in the program; a move he said would deliver RGGI “knockout punch.”

Americans for Prosperity (AFP) is a nationwide organization of citizen-leaders committed to advancing every individual’s right to economic freedom and opportunity. AFP believes reducing the size and intrusiveness of government is the best way to promote individual productivity and prosperity for all Americans. AFP educates and engages citizens to support restraining state and federal government growth and returning government to its constitutional limits. AFP is more than 1.7 million activists strong, with activists in all 50 states. AFP has 32 state chapters and affiliates. More than 85,000 Americans in all 50 states have made a financial contribution to AFP or AFP Foundation. For more information, visit www.americansforprosperity.org
Americans for Prosperity does not support or oppose candidates for public office.

Wednesday, August 17, 2011

At an editorial board meeting with the Watertown Daily Times, the state's lawyer said that he's glad he hasn't had to deal with Cape Vincent's law requiring that voters have driver's licenses with CV addresses.

"Because it's unconstitutional," Mr. Schneiderman said.

So that should put this puppy to rest.

For background: Cape Vincent is in the middle of a fight over wind turbine projects. To outsiders, wind turbines seem like the most inoffensive source of energy ever — wind can't be depleted, and it's not like wind turbines are going to throw the Earth of its axis (for the culturally unhip: The Onion is satire).

"Anti-windies," as they're called not to their faces, recently launched a voter registration drive to get seasonal residents to vote in Cape Vincent's upcoming primary and general elections.

Keep in mind — seasonal residents have every right to vote where they choose, as long as they live in the district for 30 days before the election. (Logic would tell you that seasonal residents — people who really enjoy the scenic vistas of Lake Ontario — would be more anti-wind power than their permanent neighbors, who could rake in economic benefits, and who in turn would care more about the money more than people who have two homes do.)

So the "pro-windies" decided to pass a local resolution that said only people with CV addresses on a driver's license could vote. (In a hilarious twist, the resolution also said that if the poll worker recognizes the voter, they can vote. What an idea!)

To say it bureaucratically, Mr. Schneiderman was saying that this law will have no effect on Cape Vincent's election because the town can't do something that would override the state's election law.

To say it metaphorically, just because I put on a wig and insist that you call me Your Royal Highness doesn't make me Queen Elizabeth II.

Monday, August 15, 2011

The federal government’s Energy Information Administration (EIA) found that conventional coal is less expensive than wind in its latest study of the cost of energy. Yet, a Michigan Public Service Commission (MPSC) study in February found that coal in Michigan was 22 percent more expensive than what the federal government states as the average U.S. coal cost.

Some experts say that the reason for the discrepancy lies with an environmental agenda that seeks to artificially increase the cost of burning coal for electricity generation by requiring greater restrictions on its production of carbon dioxide — a greenhouse gas.

For example, the Michigan Public Service Commission found the cost of coal to be $133 per megawatt hour, considerably more expensive than the average national cost of $109 per megawatt hour for a similar type plant. Paul Proudfoot, director of the MPSC’s Electric Reliability Division, said a big reason for the higher cost was that the MPSC study tacked a “carbon tax” onto the price of coal. Yet no such tax exists — either at the state or national level. According to Proudfoot, the MPSC added it because of an assumption that such a tax will pass.

The MPSC’s estimated price for coal — inflated with the non-existent tax — has been seized upon by a Michigan environmental group as an argument for a switchover to renewable energy sources.

In a letter to the editor to the Detroit Free Press, Hugh McDiarmid Jr., spokesman for the Michigan Environmental Council, cited the Michigan Public Service Commission’s report, noting that “electricity from renewable sources is already cheaper in Michigan than electricity from a new coal plant would be.”

But McDiarmid’s statement deserves a closer look.

The EIA states that “conventional coal” costs $94.80 per megawatt hour. Conventional coal plants burn coal in its pure form. “Advanced coal” plants first turn coal into gas to reduce emissions, but are more costly at the $109 per megawatt hour. By comparison, wind comes in at $97 per megawatt hour.

But there’s more.

Coal is also a significantly more reliable energy source. The EIA states that coal operates at 85 percent of capacity while wind operates at 34 percent of capacity. Wind energy requires a backup plan and this is not factored onto its cost.

Energy experts also note that environmentalists themselves can be a factor in driving up the price of coal, and thus the cost that Americans pay for electricity. Even the EIA’s current $94.8 per megawatt hour calculation for coal includes a 3 percent increase in the capital costs for building coal plants because of the difficulty of building coal plants in the United States. Mary Hutzler, a former acting administrator of the EIA under former President George W. Bush and a distinguished senior fellow at the Institute for Energy Research, said that 3 percent is in part due because “environmentalists fight it.”

For example, a recent Capitol Confidential story noted that the Sierra Club files a lawsuit against every new permit issued for a coal plant in the United States.

Hutzler also said coal plants are moving from “conventional” plants to the more costly “advanced” plants. She said that’s being done because “advanced” plants are easier to adapt for carbon-reducing than “conventional” plants.

The Michigan Public Service Commission’s study used the more costly “advanced” coal plants cost for its study. Proudfoot said he didn’t think a “conventional” coal plant could even be built in Michigan anymore.

Hutzler said bureaucracy and environmental regulations are “really what is driving the costs (of coal) up.”

The cost of wind also skyrockets when moved offshore, jumping from the $97 per megawatt hour to $243 per megawatt hour, according to the EIA.

Michigan is moving forward with plans for offshore wind farms.

The Great Lakes Wind Council, an advisory body to the Michigan Department of Energy, Labor & Economic Growth, gave a report to former Gov. Jennifer Granholm in October 2010 that said 13,300 square miles of state-owned Great Lakes bottomlands were favorable for development of offshore wind energy.

But the reason this is feasible is because wind is becoming the favored child of government subsidies.

The Institute for Energy Research cited an Energy Information Administration report from July that showed that wind shot past coal in the last three years in terms of federal subsidies.

Wind subsidies increased from $476 million in 2007 to $4.9 billion in 2010, while coal’s federal subsidies grew from $943 million in 2004 to $1.3 billion in 2010.

But considering coal’s place as the overwhelming number one source of electricity generation in the United States with nearly 45 percent of the total, these subsidies are tiny compared to wind. EIA says that coal produced more than 1.8 billion megawatt hours of electricity in the United States during 2010, versus just under 95 million megawatt hours for wind.

In other words, despite the fact that wind is eating up nearly four times the subsidy that coal does, coal is producing 19 times the electricity that wind does.

The EIA reports that the United States sits atop the world’s largest pile of known coal reserves, with 28.8 percent of the world total in 2010. By comparison, Saudi Arabia has the world’s largest oil reserves, with 19.2 percent of the world total in 2010.

The EIA also predicts that the known reserves will allow a large number of Americans to heat, light and cool their homes with coal for the foreseeable future, before they need to go looking for more:

“Based on U.S. coal consumption for 2010, the U.S. recoverable coal reserves represent enough coal to last 249 years. However, EIA projects in the most recent Annual Energy Outlook (April 2011) that U.S. coal consumption will increase at about 1.1% per year for the period 2009-2035. If that growth rate continues into the future, U.S. recoverable coal reserves would be exhausted in about 119 years if no new reserves are added.”

Sunday, August 14, 2011

Despite staff recommendations that would have doubled the potential development area for Wind Energy Convergence Systems in the town of Hammond's proposed wind facilities law, the county planning board approved recommendations with even more restrictions. St. Lawrence County Planning Board approved with modifications Hammond's proposed wind facilities law with a 11-2 vote Monday night. Board members Kim Bisonette and Tom Jenison voted against the law citing that it was too restrictive for potential developers. While several minor modifications were recommended by the County Planners the only issue that seemed to draw problems from the 20 or so Hammond residents surrounded setbacks near federal wetlands.

In Hammond's proposed law, setbacks of two times the total height of the proposed WECS was required from federal and state designated wetlands.

County Planner Jason Photenhauer said state regulations require a setback of only 100 feet and there is no setback regulation for federal wetlands. "Many federal wetlands are less than one acre," he said. "The problem in St. Lawrence County is, to be frank, you can't throw a stick without hitting a wetland." Mr. Photenhauer said the planning staff felt the setback was excessive and recommended it be changed to 100, feet. He suggested keeping the setback on state wetlands because the properties are minimum of 12 acres. Mr. Photenhauer said reducing the federal wetland setback would increase the area for wind development of large WECS from 1.3 square miles to 2.7 square miles of the total 30.4 square mile area of of Hammond's wind overlay district.

The recommendation raised concerns from a few Hammond residents who complained it may have an impact on wildlife.

County Planning board member William Palmer also questioned the recommendation. "I just don't see why you would want to put a smaller set back near wetlands," he said, Another recommendation by the county planning board included a setback of 1.5 times the height of the WECS near adjacent town lines, further reducing the 1.3 acres of land which could potential house a large WECS.

A motion was made to pass the law with all staff recommendations, but was modified to exclude the additional setback on the federal wetlands. The law will now be returned to the Hammond Town Board for final approval. The board may pass the county approved law as is with a simple majority, but would need a super majority vote to further modify it.

Friday, August 12, 2011

Three pro-wind town councilmen passed a resolution Wednesday night in an illegal attempt to prevent seasonal residents from voting in upcoming local elections.

The resolution, which passed 3-2 at the regular council meeting, requires voters to show their state driver’s licenses, with a Cape Vincent address, at the polls to vote in a town election.

The motion was made by Councilman Donald J. Mason, who said the resolution was in response to a petition submitted the same night and signed by more than 200 residents that argued that “unethical, if not illegal, voting methods were implemented to manipulate” the outcome of local elections in Cape Vincent.

Mr. Mason’s motion was seconded by Councilman Marty T. Mason, and Councilman Mickey W. Orvis cast the deciding vote, despite several attempts from fellow board members to persuade the three not to pass an illegal measure.

Thursday, August 11, 2011

First Wind DANGER Zone Sign - Cohocton, NY

A Utica Observer-Dispatch report explains how recent New York State Article X legislation might affect the town of Litchfield, NY. Litchfield is presently considering an addendum to their zoning which defines setbacks, and road use restriction which will make it difficult, if not impossible, for industrial wind developers to take over their town.

In Litchfield, Albany-based NorthWind and Power’s plan is to build a 20-megawatt wind farm with eight to 12 turbines on Dry Hill.

That project is smaller than the 25-megawatt limit, so in its current form it would fall under local control even after Article X goes into effect.

But if that project expands or another larger project is proposed, the town addressed Article X in its proposed wind law by declaring town roads can’t be crossed or licensed for use to permit for such a project.

“It’s to make it clear that to the extent the town has power as it relates to their own roads, the town is not by default releasing that,” said Daniel Spitzer, a Buffalo-based attorney who drafted the law for Litchfield.

If Article X had been in effect, the 37-turbine, 74-megawatt Hardscrabble Wind Farm that began operating this year in the Herkimer County towns of Fairfield and Norway would have been determined by the state board.

Fairfield town Supervisor Richard Souza said he wants to further review the law to see whether he thinks it would be helpful or hurtful for other communities where a project is proposed.

Not according to the people suing the state of Colorado over wind power. The American Tradition Institute’s (ATI) Environmental Law Center sued the State of Colorado in federal court last week.

“We’re putting wind on trial because people don’t understand the facts behind wind,” says Director Dr. David Schnare. “We believe that if people knew how variable wind was, and how dirty it was, if they knew the wind was neither free nor clean, then they may not have government demand its use.”

“The mandate for the use of renewables has essentially caused the air to become worse and the cost to go up,” says Schnare, a former employee of the Environmental Protection Agency.

The problem, Schnare says, is wind is variable and therefore not reliable. A backup source is needed and that is invariably coal or gas-fired plants. Since the supply of power has to equal the consumption of power, the coal plant is going down and up to keep pace with the wind power going up and down.

That causes the coal plant to act like a car in busy urban traffic, which emits more pollutants than a car sailing along on a smooth highway at a constant speed. It is this reality which Schnare says causes the hoped-for positive effect of wind to be negated, at a huge financial cost to consumers.

Some people think the financial cost is worth it, but do they get the result they want?

John Laforet, president of Wind Concerns Ontario, says his group broadly supports legal action against the wind industry and governments “that provide billions of dollars to perpetuate the wind industry’s fraud.

“We’ve seen in Ontario that industrial wind energy isn’t affordable, reliable, green or safe for local host communities,” Laforet says.

“It is shocking that big wind and its supporters continue to campaign in favour of billions of dollars worth of green pork for this failed industry, that Ontarians can’t afford, without any commitment to the truth.”

“Dalton McGuinty has made such a mess of the energy file in Ontario that his expensive energy experiments will cost Ontario families $732 a year more by 2015. He continues to thumb his nose at Ontario families and continues his blatant electioneering to cement his legacy of skyrocketing hydro bills by including poison pills in the FIT contracts.”

ATI, along with the Beacon Hill Institute at Suffolk University estimated the cost to the economy of forcing renewable energy mandates. They estimate in addition to the extra cost of energy to consumers, the cost to business would be passed along in reduced income or layoffs.

“In 2021 a 15% mandate would reduce annual wages by $227 per worker. The job losses and price increases would reduce real incomes as firms, households and governments spend more of their budgets on electricity and less on other items, such as home goods and services.”

So a higher energy bill to pay out of a lower income? Great news!

“McGuinty’s target is 13% of generation, but an installed capacity much greater than that because wind is so unreliable,” Laforet says. “It’s also going to be fossil fuel backed up, which is why it isn’t green at all.”

The Litchfield Town Board is considering a law that would ban large-scale wind farms, and several other area communities - such as New Hartford - are reviewing wind-power ordinances.

But a change to state law signed Thursday by Gov. Andrew Cuomo takes decisions about wind projects of 25 megawatts or more out of the hands of local boards and places them with a state-established committee, which would include two members from the community in which a project is proposed.

Reaction to the change has been mixed, but Litchfield Deputy Supervisor Kate Entwistle said she would welcome the state's involvement because it has the experts and resources to properly address the issue.

"The state's interpretation could be helpful," she said.

New Hartford town Supervisor Patrick Tyksinski was less welcoming.

"This is a local zoning issue, and now, the state is trying to butt its nose into an area that has always been a local issue," Tyksinski said. "You can't do that. It's wrong."

In June, the state Legislature approved the Power NY Act of 2011. The act includes Article X, which regulates the review of power plants of 25 megawatts or more - including wind projects.

It's expected that it will take another year before the law takes effect because the state Department of Environmental Conservation needs to put its regulations in place.

"We must rebuild and expand New York's energy infrastructure to meet the demands of the 21st century and grow our economy," Cuomo said in a statement. "This law will lead to new investment and create tens of thousands of jobs across the state."

Article X

Tyksinski believes Article X is an attempt by state officials to control power allocation - primarily to help the New York City area, he said.

"This is all geared toward downstate," he said. "People in Albany don't care about upstate, and it's too bad."

But Conor Bambrick, spokesman for state Assemblyman Kevin Cahill, D-Kingston, who sponsored the legislation, said the law is designed to open the door to more community involvement, including public hearings where the project is proposed.

Each project will have to go through environmental, health and community impact reviews. Wind projects would have to look at visual impacts and effects on bats and birds.

The law also would require "intervener funds" be provided to the municipalities and groups that want to do their own research, Bambrick said.

The state also would be responsible for the legwork that communities normally would have to handle, he said. Large wind projects often become overwhelming for small communities that lack experts in the field.

"This process will provide those experts on the state level," Bambrick said.

Effect on Litchfield

In Litchfield, Albany-based NorthWind and Power's plan is to build a 20-megawatt wind farm with eight to 12 turbines on Dry Hill.

That project is smaller than the 25-megawatt limit, so in its current form it would fall under local control even after Article X goes into effect.

But if that project expands or another larger project is proposed, the town addressed Article X in its proposed wind law by declaring town roads can't be crossed or licensed for use to permit for such a project.

"It's to make it clear that to the extent the town has power as it relates to their own roads, the town is not by default releasing that," said Daniel Spitzer, a Buffalo-based attorney who drafted the law for Litchfield.

If Article X had been in effect, the 37-turbine, 74-megawatt Hardscrabble Wind Farm that began operating this year in the Herkimer County towns of Fairfield and Norway would have been determined by the state board.

Fairfield town Supervisor Richard Souza said he wants to further review the law to see whether he thinks it would be helpful or hurtful for other communities where a project is proposed.

"My main focus is - as long as the community as a whole has a say on it," Souza said.

Officials from Iberdrola Renewables, the developer for the Hardscrabble Wind Farm, are waiting for the legislation to be signed so they can review how it might affect their future efforts to pursue wind projects in the state, spokesman Paul Copleman said.

Regardless of whether a project falls under Article X, Iberdrola would ask for thorough involvement and input from the local community, Copleman said.

Monday, August 08, 2011

On August 4, 2011 Governor Andrew Cuomo stripped away the municipal "Home Rule" rights of the very public that elected him, by signing into law the “Power NY Act.” Also known as Article X, this swiftly passed law was prompted by separate bills initially sponsored by Senator George Maziarz (R – 62nd District) and Assemblyman Kevin Cahill (D – 101st District). The combined bill passed both houses with very little public input, late at night behind closed doors. The public’s rights were taken – literally – while they slept. COAX would like to say thank you to our elected officials who did the right thing and voted against Article X trying to preserve Municipal “Home Rule”, unfortunately, too many voted yes.

Coalition On Article X (COAX) was formed to preserve and regain our municipal "Home Rule" rights, taken away by New York’s Governor, Senators, and Assemblypersons who voted to strip the public of their ability to govern their own towns.

COAX members are appalled that Article X/Power NY Act was signed into law without any discussion from our elected officials to the citizens they were elected to represent. We find these actions to be totally unacceptable. New York State has always prided itself on the fact that it is a "Home Rule" State.

Municipal “Home Rule”, although never perfect, was implemented by local officials who actually live, work and raises their families within our home communities. “Home Rule” has been a viable municipal management tool for decades due to the very fact that community decisions were being made by duly-elected, caring and involved residents of the area. In direct contradiction, the "Power NY" Act allows unengaged, and mostly unelected, Albany bureaucrats to enact monumental zoning and planning decisions in New York State’s municipalities, to site electrical power plant in any municipality without local approval.

New York State legislators involved in this over-reaching under the auspices of streamlining the siting of energy facilities, are simply interested in - as Chris Horner of the Competitive Enterprise Institute puts so well - a Power Grab!

COAX promises to tirelessly and continually oppose the power-grab of the elected officials who voted 'yes' for Article X and to engage like-minded citizens to take back our municipal “Home Rule”.

The Litchfield Town Board is considering a law that would ban large-scale wind farms, and several other area communities - such as New Hartford - are reviewing wind-power ordinances.

But a change to state law signed Thursday by Gov. Andrew Cuomo takes decisions about wind projects of 25 megawatts or more out of the hands of local boards and places them with a state-established committee, which would include two members from the community in which a project is proposed.

Reaction to the change has been mixed, but Litchfield Deputy Supervisor Kate Entwistle said she would welcome the state's involvement because it has the experts and resources to properly address the issue.

"The state's interpretation could be helpful," she said.

New Hartford town Supervisor Patrick Tyksinski was less welcoming.

"This is a local zoning issue, and now, the state is trying to butt its nose into an area that has always been a local issue," Tyksinski said. "You can't do that. It's wrong."

In June, the state Legislature approved the Power NY Act of 2011. The act includes Article X, which regulates the review of power plants of 25 megawatts or more - including wind projects.

It's expected that it will take another year before the law takes effect because the state Department of Environmental Conservation needs to put its regulations in place.

"We must rebuild and expand New York's energy infrastructure to meet the demands of the 21st century and grow our economy," Cuomo said in a statement. "This law will lead to new investment and create tens of thousands of jobs across the state."

Article X

Tyksinski believes Article X is an attempt by state officials to control power allocation - primarily to help the New York City area, he said.

"This is all geared toward downstate," he said. "People in Albany don't care about upstate, and it's too bad."

But Conor Bambrick, spokesman for state Assemblyman Kevin Cahill, D-Kingston, who sponsored the legislation, said the law is designed to open the door to more community involvement, including public hearings where the project is proposed.

Each project will have to go through environmental, health and community impact reviews. Wind projects would have to look at visual impacts and effects on bats and birds.

The law also would require "intervener funds" be provided to the municipalities and groups that want to do their own research, Bambrick said.

The state also would be responsible for the legwork that communities normally would have to handle, he said. Large wind projects often become overwhelming for small communities that lack experts in the field.

"This process will provide those experts on the state level," Bambrick said.

Effect on Litchfield

In Litchfield, Albany-based NorthWind and Power's plan is to build a 20-megawatt wind farm with eight to 12 turbines on Dry Hill.

That project is smaller than the 25-megawatt limit, so in its current form it would fall under local control even after Article X goes into effect.

But if that project expands or another larger project is proposed, the town addressed Article X in its proposed wind law by declaring town roads can't be crossed or licensed for use to permit for such a project.

"It's to make it clear that to the extent the town has power as it relates to their own roads, the town is not by default releasing that," said Daniel Spitzer, a Buffalo-based attorney who drafted the law for Litchfield.

If Article X had been in effect, the 37-turbine, 74-megawatt Hardscrabble Wind Farm that began operating this year in the Herkimer County towns of Fairfield and Norway would have been determined by the state board.

Fairfield town Supervisor Richard Souza said he wants to further review the law to see whether he thinks it would be helpful or hurtful for other communities where a project is proposed.

"My main focus is - as long as the community as a whole has a say on it," Souza said.

Officials from Iberdrola Renewables, the developer for the Hardscrabble Wind Farm, are waiting for the legislation to be signed so they can review how it might affect their future efforts to pursue wind projects in the state, spokesman Paul Copleman said.

Regardless of whether a project falls under Article X, Iberdrola would ask for thorough involvement and input from the local community, Copleman said.

Thursday, August 04, 2011

Green Drinks/ROC August at Nixon Peabody

Greetings!

Please join UBGN for a summer evening at Nixon Peabody LLP's 14th Floor Conference area and terrace deck overlooking downtown Rochester and outlying areas. Come network with us and learn about Nixon Peabody LLP's Legally Green® program. In addition, Nixon Peabody has invited the Genesee Land Trust to join us so that you can learn about the on-going land preservation initiatives that they are working on and find out where you can get outdoors and enjoy the great flora and fauna found in the Rochester region.

Host: The Nixon Peabody LLP Legally Green® program is designed to help our clients achieve their business goals and join with them in promoting environmental responsibility. The phrase "legally green" signifies the firm's unique combination of legal experience, thought leadership, and responsible citizenship, and our commitment to serving our clients and our community well in the changing world. www.nixonpeabody.com

Genesee Land Trust

Special Guest: Genesee Land Trust is a local, not-for-profit land trust in the Greater Rochester region working to protect open space for public benefit. The protected land includes native plant and wildlife habitat, wetlands, farmland, waterways, and scenic and recreational areas. http://www.geneseelandtrust.org/about_us.html

We hope to see you at this month's event to make friends, develop new ideas, and learn from the collective knowledge of the group.

Wednesday, August 03, 2011

Steuben County - The Steuben County Industrial Development Agency, as lead agency, has accepted a Final Environmental Impact Statement on the proposed Expansion of the Howard Wind Power Project. The Final EIS is available at the Steuben County Industrial Development Agency, 7234 Route 54, Bath, NY; the Town of Howard Town Hall, 3725 Mills Road, Avoca, NY and on line at: http://www.howardwind.com/.

The action involves a two wind turbine expansion of the Howard Wind Power Project, approximately 2,285 feet of extended access roads and 1,910 feet of extended buried 34.5 KV electrical interconnect. The two turbine expansion will use 2.05 MW REpower MM92 turbines. The project is located on a 39 acre parcel south of Spencer Hill Raod and east of South Woods Road in the Town of Howard, New York.

Tuesday, August 02, 2011

I am writing in regard to Invenergy salesperson Eric Miller’s July 12 letter, “More misinformation about Stony Creek Wind Farm.” The only misinformation I’ve seen in regard to industrial wind projects comes from wind salespeople like Miller. Let’s see how:

Mr. Miller evidently thinks that the Stony Creek project has not significantly changed in its scope. But here’s the rub: Although the number of turbines proposed remains the same (59), and the (inadequate, unsafe) setbacks remain the same as before — 700 feet from property lines and only 1,320 feet from the foundation of peoples’ homes — the turbines now proposed are substantially larger.

Furthermore, Miller claims they’ve held six “public workshops,” for “a combined 12 hours of public examination.” That’s an interesting take on what constitutes “public” since no comments or questions from the “public” were allowed, nor was the “public” allowed to view documents supplied to town officials. The town attorney directed citizens to submit written comments and questions to the Town Board, and they would be addressed at these work sessions. Dozens were submitted, but not a single one was addressed.

As Paul Jensen correctly pointed out in his June 18 letter, “A bait and switch in Orangeville,” Invenergy’s new proposal calls for a completely different, new model turbine, which is three stories taller and has a 47 percent larger blade sweep area (larger than two football fields), than the original turbine cited in the DEIS. The generator has been up-sized from1.5 MW to 1.6 MW. Moreover, the turbines are much larger and noisier, and well over a dozen — along with their associated transmission lines — have been moved. This has created an altogether different site plan, with correspondingly different environmental impact areas, than was in the original plan proposed by Invenergy. Mr. Jensen’s determination that “it’s not the same project,” is completely accurate!

When Horizon Wind LLC made significant changes like this in their proposed Dairy Hills project in Perry, Horizon was required by state law to do a Supplemental DEIS. Why should the rules be any different for Invenergy? What possible reason could the Orangeville Town Board have to allow Invenergy to bypass correct procedure? Most importantly, why have all local elected officials not first demanded proof of the wind industry’s claims before selling out their entire township and its citizens to a multi-national mega-corporation?

The wind industry’s very existence is based on their claim that it can reduce CO2 emissions and thereby reduce global warming. With approximately 140,000 industrial wind turbines in the world today, wind has not significantly reduced CO2 emissions anywhere. (Most are located in countries and states struggling with enormous deficits and “skyrocketing” electricity bills — like Spain, and New York State). Wind can not replace existing power plants because it can not produce modern power. We may as well require 20 percent of all transport to be by gliders or sailboats.

The truth is, as has been made clear time and time again — “It’s all about the money!” — A sentiment perfectly conveyed by an Orangeville board member, who said, “We don’t care if they work or not. We just want the money.”

So, if you’re wondering who’s misleading who, you best remember that these giant multi-national corporations, and their financially-motivated, corporate wind salesman — like Mr. Miller — could not care less about any of us, or the beautiful area we call home. Big Wind LLCs just want our money — period.

We have been deeply saddened to see fellow Wyoming County citizens so willing to throw their neighbors under the bus, industrialize some of the most beautiful countryside in the world, and so eager to jump into this welfare line. Blinded by greed, they are signing away control of their property and eternally enslaving themselves to Big Corporate. We won’t even receive today’s equivalent of those 30 pieces of silver.

Those of us who continue to speak out against this madness, simply wish to:

1. Stop the wasteful expenditure of our taxpayer and ratepayer dollars on this corporate welfare scam;

2. Protect fellow citizens from the theft of the peace and quiet enjoyment of their homes and property (something I thought our elected “public servants” were supposed to do); and,

I believe our tax dollars should be funding truth and due diligence. This is the kind of performance we should be able to expect from our elected officials — things like full disclosure of data to the public, and use of scientific methodology in planning our energy future. As it is, we have enough problems with wind salesmen making believe that the pigs of wind can fly. For shame!

Risks of Industrial Wind Turbines is a group of citizens and organizations dedicated to preserve the public safety, property values, economic viability, environmental integrity and quality of life of residents and future generations.